Protect Intellectual Property in International Markets - Focus on China and India
China and India will lead the economic growth for the 21st century in terms of exports of goods, services and in terms of gross per domestic capita. Protecting Intellectual Property Rights in those international markets is a challenge. To understand how IP rights can be implemented in other countries, current laws, enforcement options, national regulations and court decisions are reviewed.
International IP laws are starting in 1886 within multilateral agreements such as GATT, TRIPS and WIPO agreements. The IP right framework covers copyright, patent, trademark and trade secrets. Software is established within the copyright regime. India and China leveraged international copyright legislation and established laws in their countries beginning in 1994. The high piracy rate in China and India reviles, that it takes years or in the case of India even decades, to establish solid IP protection. Local governments do not enforce international and national IP legislations. The rate of software piracy is maintained at a high level. Factors that drive piracy may be lower income, less education and a lack of social responsiveness.
To protect IP in emerging markets, the IP owner needs to carefully draw the licensing business. Fundamentally, the first step is the control of the deployment process. This deployment has consequences for the selection of the distribution channel, the technical delivery media and potential validation processes. For a successful IP and licensing strategy, a legal strategy is necessary to protect the IP right in the corporate area. But to build understanding and support for IP protection within the society, the IP owner needs to engage with the society as a whole. Creation of job opportunities in IT and industry and a financial return to the society via tax payments are absolutely necessary to receive the support within the local, regional and national government. With the assistance of the government legal rights can then be claimed and copyright protection enforced.
China and India will lead the economic growth for the 21st century in terms of exports of goods, services and in terms of gross per domestic capita. Protecting Intellectual Property Rights in those international markets is a challenge. To understand how IP rights can be implemented in other countries, current laws, enforcement options, national regulations and court decisions are reviewed.
International IP laws are starting in 1886 within multilateral agreements such as GATT, TRIPS and WIPO agreements. The IP right framework covers copyright, patent, trademark and trade secrets. Software is established within the copyright regime. India and China leveraged international copyright legislation and established laws in their countries beginning in 1994. The high piracy rate in China and India reviles, that it takes years or in the case of India even decades, to establish solid IP protection. Local governments do not enforce international and national IP legislations. The rate of software piracy is maintained at a high level. Factors that drive piracy may be lower income, less education and a lack of social responsiveness.
To protect IP in emerging markets, the IP owner needs to carefully draw the licensing business. Fundamentally, the first step is the control of the deployment process. This deployment has consequences for the selection of the distribution channel, the technical delivery media and potential validation processes. For a successful IP and licensing strategy, a legal strategy is necessary to protect the IP right in the corporate area. But to build understanding and support for IP protection within the society, the IP owner needs to engage with the society as a whole. Creation of job opportunities in IT and industry and a financial return to the society via tax payments are absolutely necessary to receive the support within the local, regional and national government. With the assistance of the government legal rights can then be claimed and copyright protection enforced.
